Terms & Conditions

OBLIGOR: The companies obligated under this Contract are as follows: If this Contract is purchased in Maine: the retailer from which You purchased this Contract and the Product; if purchased in any other state (except Arizona, Florida, Texas or Wisconsin) or the District of Columbia: National Product Care Company, 1000 Milwaukee Avenue, Glenview, Illinois 60025; if purchased in Arizona or Wisconsin: Service Saver, Incorporated, 1000 Milwaukee Avenue, Glenview, Illinois, 60025; if purchased in Florida, National Electronics Warranty Corporation of Florida, P.O. Box 1340, Ashburn, VA 20146-0248; if purchased in Texas: National Product Care Company, dba Texas National Product Care Company, Inc., 1000 Milwaukee Avenue, Glenview, Illinois, 60025.

INSTRUCTIONS: You must keep this Contract and Your sales receipt as You may be required to produce them to obtain service.

TO OBTAIN SERVICE: Call N.E.W. twenty-four (24) hours a day, seven (7) days a week, at 1-866-529-9889 or contact Us online at www.repairnow.com/sally for instructions on obtaining replacement of Your Product. Please have Your Contract handy and be prepared to tell Us which Product needs replacement and the nature of the problem. Foreign language assistance is available for Your convenience.

WHAT IS COVERED:
For any Product with a purchase price under $200, for which a replacement plan has been purchased, We will reimburse You for the original purchase price of the Product, including sales tax, when required due to a Breakdown, including those experienced during normal wear and tear and manifesting from power surges which are not covered under any other warranty or service contract. There is no deductible required to obtain a replacement for Your Product. If Your Product requires replacement, You will be instructed to ship Your Product to Our authorized service center, per Our instructions. N.E.W. will pay for the cost of shipping Your Product. You will then be reimbursed the original price of Your Product including sales tax, in the form of a Gift Card.

TERM OF COVERAGE:
Term and coverage begins upon the expiration of the selling retailer’s store return policy of ninety (90) days or at the expiration of the manufacturer’s labor warranty, whichever is longer and extends for the period of one (1) year.

Limit of Liability: For any single claim, the limit of liability under this Contract is the original price You paid for the Product, including appropriate sales tax. The total liability under this Contract is the purchase price You paid for the Product including sales tax. In the event that We reimburse You for the purchase price You paid for the Product, We shall have satisfied all obligations owed under this Contract.

WHAT IS NOT COVERED: (1) INCIDENTAL, CONSEQUENTIAL, OR SECONDARY DAMAGES INCLUDING BUT NOT LIMITED TO ANY DELAY IN RENDERING SERVICE UNDER THIS CONTRACT OR FOR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS AT A REPAIR CENTER OR OTHERWISE AWAITING PARTS; (2) ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT; (3) DAMAGE FROM ACCIDENT, ABUSE, MISUSE, OR INTRODUCTION OF FOREIGN OBJECTS INTO THE PRODUCT; (4) UNAUTHORIZED PRODUCT MODIFICATIONS OR ALTERATIONS; (5) FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS; (6) THIRD-PARTY ACTIONS (FIRE, COLLISION, VANDALISM, THEFT, ETC.); (7) THE ELEMENTS OR ACTS OF GOD; (8) LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT OR CIVIL COMMOTION; (9) DAMAGE CAUSED BY DEFECTIVE BATTERIES OR REPLACEMENT OF DEFECTIVE BATTERIES; (10) WITH THE EXCEPTION OF DAMAGE MANIFESTING FROM POWER SURGES, DAMAGE COVERED BY ANY OTHER WARRANTY OR SERVICE CONTRACT; (11) PARTS NORMALLY DESIGNATED TO BE REPLACED PERIODICALLY BY YOU OR CONSUMED DURING THE LIFE OF THE PRODUCT (I.E. BATTERIES); (12) PREVENTATIVE MAINTENANCE; (13) DAMAGE WHICH IS NOT REPORTED WITHIN THIRTY (30) DAYS AFTER EXPIRATION OF THIS CONTRACT; (14) ANY PRODUCT USED ON A RENTAL BASIS; (15) PERIODIC CHECKUPS AND/OR MAINTENANCE AS DIRECTED BY THE MANUFACTURER; (16) ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE PRODUCT; (17) PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER’S WARRANTY; (18) NON-FUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, KNOBS, ETC.; (19) COSMETIC DAMAGES INCLUDING SCRATCHES, PEELINGS, AND DENTS THAT DO NOT IMPEDE THE FUNCTIONALITY OF THE PRODUCT; (20) UNAUTHORIZED REPLACEMENTS; (21) PRODUCT REPLACEMENTS THAT SHOULD BE COVERED BY THE MANUFACTURER’S WARRANTY OR ARE THE RESULT OF A RECALL REGARDLESS OF THE MANUFACTURER’S ABILITY TO PAY FOR SUCH REPLACEMENT; (22) ACESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; (23) DAMAGE, WARPING, OR RUSTING OF ANY NON-OPERATING PART; (24) LOSS OR DAMAGE RESULTING FROM THE FAILURE TO PROVIDE MANUFACTURER’S RECOMMENDED MAINTENANCE OR TO MAINTAIN THE INTEGRITY OF THE PRODUCT; (25) PRODUCTS WITH REMOVED OR ALTERED SERIAL NUMBERS; (26) PRODUCTS SOLD “AS-IS” INCLUDING BUT NOT LIMITED TO FLOOR MODELS (UNLESS COVERED BY A FULL MANUFACTURER’S WARRANTY ON YOUR DATE OF PURCHASE) AND DEMONSTRATION MODELS; (27) DAMAGE CAUSED BY MISHANDLING; (28) water damage, mineral build-up or damage caused by incorrect storage; AND (29) SERVICE that occurs outside of the 50 United States of America including the District of Columbia.

Definitions: (1) We/Us/Our: The company obligated under this Contract, as stated in the “OBLIGOR” section of this Contract; (2) N.E.W.: the Administrator of this Contract; namely: in all states (except AL, AZ, FL, and WI) and DC: National Electronics Warranty Corporation; in AL, AZ, and WI: N.E.W. Warranty Services, Inc.; in FL: National Electronics Warranty Corporation of Florida; (3) Breakdown: The mechanical or electrical failure of the Product caused by defects in workmanship and/or materials; (4) Product: The consumer item(s) which You purchased concurrently with and is covered by this Contract; (5) You/Your/Warranty Holder: The individual who purchased the Product and this Contract or the assigned Transferee.

Cancellation: You may cancel this Contract at any time by surrendering it or providing written notice to the retailer at the address where You purchased this Contract. You may also cancel this Contract by surrendering it or providing written notice to N.E.W. at Product Protection Plan (Sally Beauty Supply) Attn: Correspondence Department, P.O. Box 1270, Sterling, VA 20167-8434. This Contract may be canceled by You for any reason. In the event You cancel this Contract within thirty (30) days of receipt of this Contract, You shall receive a full refund of any payments made by You under this Contract. In the event You cancel this Contract after thirty (30) days of receipt of this Contract, You shall receive a pro rata refund of any amount paid based upon elapsed time less an administrative fee not to exceed ten percent (10%) of the price of this Contract or twenty-five dollars ($25), whichever is less, and less any claims that have been paid or repairs that have been made. We or N.E.W. may not cancel this Contract except for fraud, material misrepresentation or non-payment by You; for violation of any of the terms and conditions of this Contract; or if required to do so by any regulatory authority. If We or N.E.W. cancels this Contract, You shall receive a refund of one hundred percent (100%) of the pro rata unearned portion of the Contract price less any claims which have been paid. In Alabama, Hawaii, Maryland, Minnesota, Nevada, New York, South Carolina, Washington and Wyoming: If You cancel Your Contract within thirty (30) days of receipt of Your Contract and do not receive a refund or credit within thirty (30) days of receipt of the returned service contract, a ten percent (10%) penalty per month shall be applied to the refund.

Transfer: This Contract may be transferred to a new owner. You may transfer the balance of this Contract by contacting N.E.W. at P.O. Box 1270, Sterling, VA 20167-8434, Attn: Correspondence Department, 1-866-529-9889. Information provided by You must include the Contract number, date of transfer, new owner’s name, complete address and telephone number.

Renewal: This Plan is not renewable.

ENTIRE CONTRACT: This Contract, including the terms, conditions, limitations, exceptions and exclusions, shall collectively constitute the entire agreement between the parties identified herein. Your rights under this Contract may vary from state to state.

Insurance: This is not a contract of insurance. Obligations of the Obligor under this Contract are insured under a service contract reimbursement insurance policy issued by Virginia Surety Company, Inc. In AL, AZ, CT, GA, IL, KY, NC, NH, NY, TX, UT, WI and WY: If You have filed a claim in writing under this Contract and the Obligor fails to pay or to provide service on a claim within sixty days (60) of filing such a claim, or if You are otherwise dissatisfied, please submit Your claim in writing and a copy of this Contract and the sales receipt for the Product to Virginia Surety Company, Inc., 1000 Milwaukee Avenue, Glenview, Illinois 60025, Attention: Service Contract Claims, 1-800-209-6206.

Arbitration: To the extent permitted by applicable law, any controversy or claim arising out of or relating to this Contract, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration.

STATE VARIATIONS
The following state variations shall control if inconsistent with any other terms and conditions:

ARIZONA ONLY: The following statement is added to the “Cancellation” section of this Contract: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. In the “WHAT IS NOT COVERED” section of this Contract, exclusion (2) does not apply in the state of Arizona.
CALIFORNIA ONLY: The following statement is added to the “Arbitration” section of this Contract: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highlands, California, 95660, or You may visit their website at www.bear.ca.gov.
CONNECTICUT ONLY: The following statement is added to this Contract: If You purchased this Contract in Connecticut; You may pursue arbitration to settle disputes between You and the provider of this Contract. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, Connecticut 06142-0816, Attention: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Product and cost of repair, and include a copy of this Contract. The following statement is added to the “Term of Coverage” section of this Contract: The term of this Contract will be automatically extended for the period during which the Product is in the custody of a service center for repair. The following statement is added to the “Cancellation” section of this Contract: You may cancel this Contract if You return the Product or the Product is sold, lost, stolen, or destroyed.
FLORIDA ONLY: The following statement is added to the “Cancellation” section of this Contract: In the event this Contract is cancelled by the Warranty Holder, return of the premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on behalf of the Warranty Holder. In the event this Contract is cancelled by N.E.W., return of premium shall be based upon one-hundred percent (100%) of the unearned pro-rata premium. The “Arbitration” section of this Contract is removed.
GEORGIA ONLY: The following statement is added to the “Cancellation” section of this Contract: If You cancel after thirty (30) days of receipt of Your Contract, You will receive a pro rata refund of the Contract price. In the event of cancellation by N.E.W. or Us, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and administrative fees shall not be deducted from any refund owed as a result of cancellation. We or N.E.W. may not cancel this contract except for fraud, material misrepresentation, or non-payment by You. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. In the “What is Not Covered” section of this Contract, exclusion (2) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Contract. The “Arbitration” section of this Contract is removed.

MICHIGAN ONLY: The following statement is added to this Contract: If performance under this Contract is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Contract shall be extended for the period of the strike or work stoppage.
NEVADA ONLY: The following statement is added to the “Cancellation” section of this Contract: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. We or N.E.W. may not cancel this Contract without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
NEW HAMPSHIRE ONLY: The following statement is added to this Contract: In the event You do not receive satisfaction under this Contract, You may contact the New Hampshire Insurance Department, 21 South Fruit Street, Concord, NH 03301, (603) 271-2261.
NEW MEXICO ONLY: The following statement is added to the “Cancellation” section of this Contract: We or N.E.W. may not cancel this Contract without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. If this Contract has been in force for a period of seventy (70) days, We may not cancel before the expiration of the Contract term or one (1) year, whichever occurs first, unless: 1) You fail to pay any amount due; 2) You are convicted of a crime which results in an increase in the service required under the Contract; 3) You engage in fraud or material misrepresentation in obtaining this Contract; or 4) You commit any act, omission, or violation of any terms of this Contract after the effective date of this Contract which substantially and materially increase the service required under this Contract. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within sixty (60) days of receipt of a returned service Contract.
NORTH CAROLINA ONLY: The following statement is added to this Contract: You understand that the purchase of this Contract is not required to purchase or to obtain financing for the Product. We or N.E.W. may not cancel this Contract except for nonpayment by You or for violation of any of the terms and conditions of this Contract.
OKLAHOMA ONLY: The following statement amends the “Cancellation” section of this Contract: No claim incurred or paid, nor any repair made, will be deducted from the amount to be returned in the event of cancellation. The following statement is added to this Contract: This Contract is not issued by the manufacturer or wholesale company marketing the Product covered by this Contract. This Contract will not be honored by such manufacturer or wholesale company.
SOUTH CAROLINA ONLY: The following statement is added to this Contract: If You purchased this Contract in South Carolina, complaints or questions about this Contract may be directed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, telephone number 803-737-6180. The following statement is added to the “Cancellation” section of this Contract: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of a returned service Contract.
TEXAS ONLY: The following statement is added to the “Cancellation” section of this Contract: If You cancel Your Contract within thirty (30) days of receipt of Your Contract, Your Contract will be voided. If Your Agreement is voided and You do not receive a refund or credit within thirty (30) days of receipt of the returned service contract, You may request a refund from Virginia Surety Company, Inc., 1000 Milwaukee Avenue, Glenview, Illinois, 60025, and a ten percent (10%) penalty per month shall be applied to the refund. The following statement is added to this Contract: If You purchased this Contract in Texas, unresolved complaints or questions concerning the regulation of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-2906 or (800) 803-9202..
UTAH ONLY: The following statement is added to this Contract: Coverage afforded under this Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Contract does not invalidate or reduce a claim. The following statement is added to the “Cancellation” section of this Contract: We can cancel this Contract during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Contract during such time period for nonpayment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Contract by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for nonpayment of premium and thirty (30) days prior to the cancellation date for any of the following reasons (a) material misrepresentation, (b) substantial change in the risk assumed, unless We should reasonably have foreseen the change or contemplated the risk when entering into the Contract, (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Contract number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation.
WASHINGTON ONLY: The following statement amends the “Insurance” section of this Contract: If You have filed a claim in writing under this Contract and the Obligor fails to pay or to provide service on a claim, or if You are otherwise dissatisfied, please submit Your claim in writing and a copy of this Contract and the sales receipt for the Product to Virginia Surety Company, Inc., 1000 Milwaukee Avenue, Glenview, Illinois 60025, Attention: Service Contract Claims, 1-800-209-6206. The following statement is added to the “Cancellation” section of this Contract: We or N.E.W. may not cancel this Contract without providing You with written notice at least twenty-one (21) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation.
WISCONSIN ONLY: The following statement is added to this Contract: This Contract is subject to limited regulation by the Office of the Commissioner of Insurance of the State of Wisconsin. The following statement is added to the “Cancellation” section of this Contract: Claims paid or the cost of repairs performed shall not be deducted from the amount to be refunded upon cancellation of this Contract. You should furnish proof of loss to the Administrator as soon as reasonably possible and within one year after the time required by this Contract. Failure to furnish such notice or proof within the time required by this Contract does not invalidate or reduce a claim. In the “What is Not Covered” section of this Contract, exclusion (20) is removed.
WYOMING ONLY: The following statement is added to the “Arbitration” section of this Contract: In the state of Wyoming, arbitration can only be final and binding if agreed to by the parties involved, in a separate written agreement.
To obtain a large-type copy of the terms and conditions of this Contract, please call 1-866-529-9889.

Administered by:
N.E.W.
P.O. Box 1340 • Ashburn, VA 20146-1543 • 1-866-529-9889
©2006 N.E.W. Customer Service Companies, Inc. All rights reserved.
SAL-BR-02.06